tag:www.mbaattorneys.com,2013-03-21:/blog/784182019-01-10T15:20:39ZMovable Type Enterprisetag:www.mbaattorneys.com,2019:/blog//78418.35771982019-01-10T15:15:44Z2019-01-10T15:20:39Z
In 2016, almost 3,500 people were killed because of distracted driving. The National Highway Traffic Safety Administration also notes that teens are more often to blame for distracted driving than other age groups.

While many campaigns to end distracted driving focus on cell phone use, an AAA study indicates that cell phones are not the only distractions for teen drivers. Attending to something in the vehicle or attending to passengers were also popular distractions.

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Help your teen understand distracted driving

If you have a teenage child, it is important to talk to him or her about distracted driving. Explain the serious consequences of distracted driving, which can include serious injuries, fines, increased insurance rates and death, among others.

Visual distractions, such as looking for items in the car, adjusting the vehicle's controls or even enjoying the scenery.

Manual distractions, such as eating, drinking or digging around in a purse or wallet.

Cognitive distractions, such as talking to passengers, daydreaming or browsing the internet.

While there are plenty of distractions beyond cell phone use, texting and driving is particularly dangerous because it is a visual, manual and cognitive distraction. It is also illegal in Texas and many other states.

When you talk with your teen, you can also help him or her establish a plan to avoid distracted driving. This plan can involve contemplating scenarios when it may be appropriate to pull over to complete a task, such as adjusting a GPS device or checking an urgent text message. It can also include preventative measures such as your teen texting friends before getting in the car to let them know he or she will be out of touch while driving.

Distracted drivers are a danger to everyone on the road, and teenagers seem to be especially prone to this habit. This is why it is important to talk to your teen early and help encourage safe driving habits instead.

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tag:www.mbaattorneys.com,2018:/blog//78418.35279022018-11-29T18:20:27Z2018-11-29T18:24:15Z
You know your time on Earth is limited to an unknown amount of years, months, weeks and days. One of the best ways to ensure you are being responsible with your time and investments is developing an estate plan. Having a will is an important part of estate planning.

Creating a will at one point in your life may require updates and changes as circumstances in your life shift. For example, not all states have the exact same laws surrounding wills. When you move from one state to the next, you will want to make sure your will and how it is setup is valid in your new state. Invalid wills can cause problems when they are not resolved afterwards.

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Not everything must be changed

You shouldn't have to update your entire will if you have a new address listed. Even the addresses of any beneficiaries you have listed. However, you should always check with a legal advisor in your new state to see what aspects of your will are valid and which may need to be changed to legal compliance.

State compliance is key

Not only do you want your will to be valid, but also effective in serving the purpose you have put forth. Many families are seeking to protect their assets and have them distributed according to their wishes. This is possible when you have a trusted lawyerreview your will and help you get everything updated.

Moving to a different state is often filled with many other responsibilities to get in order. However, taking time to get your will reviewed and updated is vital to your estate planning and your peace of mind.

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tag:www.mbaattorneys.com,2018:/blog//78418.35114662018-11-16T17:05:33Z2018-11-16T17:08:32Z
The outside world is in constant motion, and it can seem difficult to keep track of everything you encounter while driving. However, it is vital that drivers remain aware of their surroundings at all times, otherwise, the likelihood of a serious crash greatly increases.

Statistically, drivers repeatedly struggle to notice bicyclists and pedestrians. The number of pedestrians killed in traffic deaths across the United States has increased faster than the rate of all other traffic deaths in recent years. From 2007 to 2016, pedestrian fatalities increased 27 percent. The numbers have been grim for bicyclists too, as there were 840 bicyclist deaths nationally in 2016, an increase from the year before.

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Why are there so many pedestrian accidents?

The exact causes of pedestrian and bicyclist deaths can be numerous, but one new study sheds light on a major issue. Research shows that many drivers are not checking for pedestrians or bicyclists before turning right. This new study is even more concerning when just a few short years ago another study showed that pedestrians were at serious risk when drivers were turning left.

Researchers used special equipment on drivers aged 35 to 54 that tracked their eye movement. The eye tracking technology was used to accurately note where the drivers were looking when turning at an intersection. Here are five of their main findings:

Over half the drivers did not look in critical areas where cyclists or pedestrians would be.

Many drivers failed to look over their shoulder before turning.

Parked vehicles blocked many of the drivers' views of the bike lane.

Drivers who were more familiar with the area were less diligent about checking their surroundings.

Drivers who were less familiar with the area showed more caution while turning.

The takeaway from this study, as well as the statistics showing such increases in fatalities for both pedestrians and bicyclists, is that drivers may not be taking the time to properly look before turning. When you are out on the roads, as a driver, bicyclist or a pedestrian, it is important to be alert and never assume you are being seen or accounted for.

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tag:www.mbaattorneys.com,2018:/blog//78418.34965342018-11-02T14:43:40Z2018-11-02T14:42:40Z
As this blog has discussed before, in the event of a divorce, a married couple's property will have to be divided according to the community property laws in force in Texas.

What this means is that a resident of the Killeen and Fort Hood area is going to have to live with the reality that they will be dealing with some financial challenges after a divorce since they will have about half of their assets. They will also be without the benefit of their spouse's income or other financial support, and they may be making alimony and child support payments.

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There are right and wrong ways to deal with this sort of situation. Handling the financial pinch that a divorce causes in an improper fashion can lead not only to aggravated financial trouble but, in some cases, even legal problems.

For instance, trying to forget about one's financial woes by incurring a whole bunch of new bills and expenditures obviously solves nothing in the long term, even if doing so makes someone feel better for a few weeks. Moreover, depending on the circumstances, this sort of behavior can lead to an allegation that the person who did it dissipated marital assets and thus should face an appropriate consequence.

Another common mis-step, even if not motivated by revenge or spite, is to use a divorce as the occasion to quit one's high-paying position to go and do something he or she really likes, albeit for a lot less money.

Financially, taking a pay cut in order to pursue one's dream makes little sense in the midst of what is already a challenge to one's pocketbook. Moreover, a judge could see such an action as voluntary unemployment or underemployment, which could mean that a person winds up without their high-paying job but with a very high alimony and child support bill based on their original salary.

Perhaps the best way to avoid making critical financial mistakes during a divorce is to seek out the advice of an experienced family law attorney.

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tag:www.mbaattorneys.com,2018:/blog//78418.34956542018-11-01T19:01:34Z2018-11-01T19:00:34Z
With new communities and roadways seemingly popping up around every corner throughout Texas and across America, road construction is a constant presence, but road construction zones present a considerable threat for motorists. In fact, the number of car crashes occurring in the nation’s construction zones is on the rise, and as a result, so, too, is the number of injuries people suffer while navigating their way through them.

Per the U.S. Department of Transportation’s Federal Highway Administration, the number of car crashes that took place in the country’s work zones rose substantially between 2013 and 2015, with the number of construction zone crashes increasing more than 40 percent during that time period. Additionally, in 2015, at least 70 work zone crashes resulting in injury occurred every day on the nation’s roads, while 12 work zone crashes every week ended in at least one fatality.

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Construction zone hazards

Driving through road construction is always dangerous, but statistics indicate that certain types of crashes, such as rear-end collisions, are especially common in work zones. In fact, in 2013, more than 40 percent of all fatal work zone crashes involved rear-end collisions, while rear-end collisions only accounted for about 16 percent of all fatal crashes nationwide.

So, why are rear-end accidents and others so common in these areas? First, any time traffic patterns change, some motorists have a hard time adjusting to them. In some cases, unclear detours cause confusion among motorists, leading some to stop suddenly, which can cause rear-end crashes. Other drivers find they have a hard time traveling through work zones because large trucks, equipment and machinery are in their line of vision, proving difficult to see and maneuver around. Other work zone crashes happen because drivers are speeding or consuming alcohol before traveling through them, making those motorists increasingly likely to cause crashes.

While taking extreme care when navigating your way through road construction can reduce your risk of injury or death, there is only so much you can do when others drive negligently.

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tag:www.mbaattorneys.com,2018:/blog//78418.34907392018-10-26T14:38:12Z2018-10-26T14:37:12Z
Like other states, Texas takes domestic violence seriously on multiple levels. For instance, in addition to criminal charges, Texas family law judges have the authority to restrict custody, that is conservatorship, and visitation upon hearing credible evidence that domestic violence has occurred. This is true even if there has been no criminal charge against the suspect.

Basically, a judge can consider a pattern of domestic violence in her custody decisions, as well as specific incidents during the course of the divorce or custody case and the two years prior. Under the right circumstances, the law will require the judge to award conservatorship to the victim, not the perpetrator of the violence, unless the perpetrator can affirmatively show that he or she is still the best custodian for the children.

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Moreover, under other circumstances, such as if the judge finds that there has been a relatively recent pattern of domestic abuse, then the judge can deny visitation to the perpetrator altogether. Generally speaking, if the offending parent can convince the judge that it wouldn't harm the child to have some visits, then visits will be supervised or restricted in some way.

These laws, which are actually stricter than those in many other states, offer protection to victims of domestic violence and their children. However, even though it doesn't rise to the level of a criminal case, a victim still has to prove his or her allegations. This will mean telling his or her story to the judge, even though it can be frightening to do so.

Particularly during this Domestic Violence Awareness Month, having the help of an experienced family law attorney can be a valuable tool for a victim to stand up for herself, or himself, and get cleanly out of an abusive relationship.

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tag:www.mbaattorneys.com,2018:/blog//78418.34848512018-10-21T17:21:34Z2018-10-21T17:20:34Z
The holidays are a time for family. However, this can get a bit tricky when a child has parents in two different households.

Being able to properly co-parent after a divorce is essential, and navigating the holidays correctly can be very important. Here are a few tips that may aid in making a child's holidays as enjoyable as possible.

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Seek compromise

Though parents may desire to have a cohesive holiday season with their children by their side, after divorce it may be necessary to abandon that dream, at least in part. Especially if a child is used to having both parents around during the holidays, parents should work to keep that aspect to help maintain balance for the child.

If the parents can fully set aside their differences for the day, it may be possible to have a joint day or couple of hours, where one parent goes to the house of the primary custodial parent to spend time with the child. If not, the parents may try to agree to an arrangement where the noncustodial parent picks up the child and takes him or her for a few hours on or days around the holiday. If possible, it would be beneficial to iron these terms out in the custody agreement ahead of time, or seek special arrangement in writing.

Gifting

During holidays where children usually receive gifts, parents should try to coordinate who is getting which gifts. A child receiving the same gift in two different households can not only be disappointing, but may also highlight the disconnect between the two households in the child's mind. To avoid this, parents should communicate effectively and in a timely manner so that they may be on the same page with the gifts the child receives.

The courts provide guidelines for co-parenting, which focus on catering to the best interest of the child. In successful co-parenting, especially around the holidays, parents should focus on putting their own issues aside and making the experience a positive, loving, memorable one for the child.

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tag:www.mbaattorneys.com,2018:/blog//78418.34842792018-10-19T15:01:39Z2018-10-19T15:00:39Z
A Killeen man now faces intoxication manslaughter and drunk driving charges in connection with a fatal accident a few weeks ago on a frontage road near Interstate 35. The accident happened in Georgetown, Texas, which is less than one hour from the Killeen and Fort Hood areas.

According to reports, police responded to the scene of an accident in the early morning hours. During their investigation police determined the man had struck a parked semi. The semi had a right to be on the shoulder of the road, and the truck driver had left the lights of the truck on.

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The man was taken to a nearby hospital. While it is not clear whether police or medical personnel drew the man's blood, police are now claiming he had a blood alcohol content of .133, which is over the legal limit. Sadly, the passenger riding in the Malibu the man was driving died at the scene of the accident. The victim was 20 years old.

DUI/DWI charges become all the more serious whenever they arise in connection with an accident. In this case, a man is looking at up to 20 years in prison for what at worst was a terrible error in judgement, as there was no indication the man crashed his vehicle on purpose.

Moreover, this story raises some interesting questions that may apply to other, less serious drunk driving cases in Killeen and Fort Hood. For instance, it could be valuable information to know whether medical staff drew the man's blood and under whose direction they did so.

It would also be interesting to know what time the accident actually occurred. These are the sorts of questions an experienced DUI defense attorney would think to ask in the face of serious allegations.

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tag:www.mbaattorneys.com,2018:/blog//78418.34741752018-10-12T15:21:25Z2018-10-12T15:20:25Z
As is the case in other states, when a couple in Killeen or Fort Hood spit up either through a divorce or otherwise, property will often have to be divided between them.

When the couple is married, this will mean dividing the property according to Texas's community property rules. While these rules can be complicated and hard to apply in particular situations, one can say that the law requires Texans to divide their marital property roughly in half.

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However, this does not make property division a simple family law matter that the average person could handle, even if both spouses understand the concept and are willing to agree on how to divide their property between themselves.

The reason is that many types of property, retirement plans for instance, require some additional steps in order to ensure that the property division is handled legally, promptly and without unintended financial or legal consequences to either side.

In the case of a 401(k), for instance, usually one of the attorneys will need to prepare a qualified domestic relations order, or QDRO. The QDRO directs the institution which is administering the 401(k), often a large financial organization, as to how they are allowed to divide the retirement plan even though the employee is no longer married.

Not preparing a QDRO correctly could cause delays in a divorce case and, at worst, could mean that one of the spouses does not get the property he or she bargained for at all.

There are other situations in which some extra legal legwork may be necessary in order to accomplish even an agreed-upon division of property. For instance, divvying up a military pension or other benefits might require some important extra steps with which a skilled family law attorney can assist.

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tag:www.mbaattorneys.com,2018:/blog//78418.34693422018-10-09T16:01:36Z2018-10-09T16:00:36Z
In Texas, the winters usually do not get cold enough to necessitate heating your entire house, but you may get chilly enough to want to use a space heater to warm up a small area. It is crucial to understand the common hazards that space heaters present, especially if you are unaccustomed to using them.

Space heaters pose a significant risk of fires and electric shock when people use them improperly. The Electrical Safety Foundation International claims that more than 65,000 fires occur in homes across the United States each year because of heating equipment. In fact, heaters, particularly portable ones, are the second most common cause of home fires in the country.

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This does not mean you should get rid of your space heater and put up with being chilly or having a high utility bill this winter. You simply need to understand the ways in which to use these devices safely. The important tips for proper space heater use include the following:

Check online for reports of malfunctions and recalls involving your model of space heater at the beginning of each heating season.

Regularly inspect your heater for signs of damage and wear and tear, especially to the electrical cord.

Never place the cord under a carpet or area rug or plug it into an extension cord, which can overheat the cord and cause a fire.

Place the heater in a safe spot where you will not trip over the cord or knock it over.

Put at least three feet of space between the heater and combustible objects, such as drapes, furniture and bedding.

Turn the heater off before you go to bed or when you leave the room.

Additionally, you should never put a space heater in a child’s bedroom or leave it unattended where children or pets can knock it over or play with it.

Fires and electrocutions by space heaters often occur when people do not use these devices in a safe manner, but not all mishaps are user-related. A faulty product can cause an injury even when you use it safely, in which case you may be eligible for compensation.

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tag:www.mbaattorneys.com,2018:/blog//78418.34644352018-10-05T14:48:50Z2018-10-05T14:47:50Z
According to recent statistics compiled by the National Highway Traffic Safety Administration, or NHTSA, there were over 37,000 deaths on the roads of Texas and the other states in 2017.

To some extent, this grim number is actually hopeful news. It is 1.8 percent lower than number of fatalities in 2016. Moreover, if preliminary estimates about the number of accidents that will happen this year are correct, the downward trend will continue.

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However, in another respect, one can see this turnaround as a little too little, too late. Over the last two years, 2015 and 2016, the number of traffic fatalities actually increased. In 2015, the increase was well over 8 percent, and in 2016, the increase was 6.5 percent.

Therefore, while the country is heading in the right direction in terms of keeping people alive on the roads, we are not back even to the point where we were two to three years ago.

Moreover, in some respects, the statistics were even less promising. For instance, the number of fatalities involving bicyclists and pedestrians remain the highest they have been in a two decades, about a whole generation. This is despite the fact that technology has advanced and there have been a lot of efforts to improve pedestrian safety.

Furthermore, with respect to one of the most popular vehicles, the SUV, the number of deaths involving them increased by 3 percent in 2017, which is contrary to the national trend.

On the whole, while the news is not all bad, more needs to be done to prevent fatal accidents in the Killeen and Fort Hood areas and, for that matter, in the rest of the country. For those who have already been victims of accidents, they may need to seek recovery through a personal injury or wrongful death action.

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tag:www.mbaattorneys.com,2018:/blog//78418.34570592018-10-02T05:21:35Z2018-10-02T05:20:35Z
Whether you plan to stay in town or drive out of state to visit relatives, the upcoming holiday season is always full of traffic. Residents of Texas and elsewhere who are juggling their work and vacation schedules with packing, cooking, cleaning and trying to get everywhere on time are bound to be tired. When you combine exhaustion with driving, the results can be disastrous.

The holiday season is the perfect time to remind everyone about the dangers of drowsy driving. Therefore, the National Safety Council and the National Sleep Foundation have announced that Nov. 4 through Nov. 11 is Drowsy Driving Prevention Week.

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In 2015, 824 people across the United States died in accidents believed to have been caused by drowsy driving, according to the National Highway Traffic Safety Administration. Additionally, the agency attributed 72,000 accidents and 41,000 injuries to drowsy driving that year. Experts believe the numbers are much higher, since it can be difficult to determine if fatigue contributed to a crash.

As you may know, anyone can become too drowsy to safely drive. However, some people are more at risk of getting in a sleep-related car accident than others. These include the following:

Commercial drivers, especially those who drive at night

People who work late shifts and through the night

High school and college students

People with untreated sleep disorders or those who regularly don’t get enough sleep

Those who take medications that cause drowsiness

Before you go on a trip, you might want to address any potential drowsiness by going to bed early the night before and taking someone with you who can take turns driving. You may also want to discuss medications and sleeping problems with your doctor. If a negligent or fatigued driver harms you, you may be eligible for the compensation of your medical expenses.

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tag:www.mbaattorneys.com,2018:/blog//78418.34550532018-09-28T15:04:27Z2018-09-28T15:03:27Z
While it seems that everyone has a wonderful new piece of technology these days, there may be same in Killeen, Texas, who wonder whether the world might from time to time rely too much on electronic devices and too little on their own brains.

This concern is shared to some extent by researchers who recently surveyed several people about the more modern safety features on their cars, safety features that include things like the ability of the vehicle to check blind spots for cars or to respond in some way to an obstacle or hazard in front of the vehicle.

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Indeed, these safety features do save lives and prevent both injuries to people and damage to their vehicles. However, they are not full proof, and their designers and manufacturers do not claim otherwise.

In other words, drivers still have an obligation to watch the road and operate their vehicles safely, and this includes understanding how their car's safety features work and what they will and will not do. Drivers also have to verify what their safety equipment is telling them with manual checks.

At this time, there is some worry that drivers are falling short in these responsibilities. For instance, nearly 4 out of 5 drivers did not realize that their blind spot safety system is unlikely to pick up a small object, like a bicycle or a pedestrian, that may be in a vehicle's blind spot. The system also will not pick up a vehicle passing quickly.

Safety systems on cars are a good thing, but they only reduce the chance of a driver's getting in to an accident. The best way a motorist can stop accidents altogether is to drive carefully. When they do not do this, then they may cause an accident for which they can be held legally responsible in a personal injury case.

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tag:www.mbaattorneys.com,2018:/blog//78418.34456452018-09-22T17:46:03Z2018-09-21T14:16:15Z
According to a recent report which is compiled annually and which was picked up by local media outlets, Killeen ranked 73rd out of 200 cities across the county of significant size when it comes to safe driving habits.

Another Texas city ranked as the city with the safest drivers, while a city on the eastern seaboard ranked worst.

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The report considered claims reporting damaged vehicles because of collisions and came up with its ranking based on an analysis of those numbers.

Not all is rosy, however, when it comes to car accidents in the Killeen area. For one, according to the same report, residents of Killeen actually report auto insurance claims more frequently than average. While the average time between claims nationwide is a decade, Killeen residents have to report claims less than once every 9 years.

Moreover, last year, and according to the Texas Department of Transportation, there were more than 2,000 accidents in the area. Of those accidents, 15 ended with at least one fatality and 66 ended with at least one person suffering a serious injury.

While it is good to know that the roads in the Killeen area may be relatively safe, there is always room for improvement. Accidents do happen in and around Killeen and Fort Hood and, as the statistics show, people can get serious hurt or even killed in these accidents.

On these occasions, a victim may be able to recover compensation from the responsible party by filing a personal injury cause of action. Likewise, the families of victims who die in car accidents may be able to get compensation through a wrongful death lawsuit.

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tag:www.mbaattorneys.com,2018:/blog//78418.34445282018-09-20T18:31:34Z2018-09-20T18:30:34Z
You may already be divorced and have worked out a custody agreement with your ex, but it is not set in stone. When circumstances changes, you can update the order to reflect those changes.

For example, now that the kids are back in school, your current schedule may no longer be working for you or the kids. You may be able to modify your custody order, which can be simple or complex depending on the approach you take. You have three ways to seek a modification in Texas:

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1. Informal mutual agreement

You can talk to your ex about changing the terms informally, meaning that you do not have to go through the court system. As this method does not produce official documentation of the changes you make, it is only best for parents who cooperate with and trust each other. Otherwise, a verbal agreement can backfire if your ex decides not to keep it.

2. Formal mutual agreement

If you want to make the changes legal, then you have to submit a new agreement to the court for approval. You two can create the new terms on your own or with the help of a mediator if you cannot agree on certain details, and you should have your attorney review it for accuracy, fairness and compliance. This route is good for those who can collaborate and want the security of legal enforcement.

3. Court-ordered agreement

In the event that you two cannot work out new terms, or your ex refuses a modification, then you will have to go to court and prove your case. Unfortunately, this strategy is the most difficult and will take time and money. You will have to submit evidence that your change in circumstances is significant enough to warrant a new agreement and that the modification would be in the best interests of your children. The judge will make the final decision.